Authority has no cladding powers

Owners affected by non-compliant flammable cladding are going to have to take direct legal action against parties they believe responsible, following a Supreme Court decision.

On December 22, Justice Cavanough ruled that the Victorian Building Authority (VBA), did not have the power to order builder LU Simon to rectify works on six Melbourne towers.

Justice Cavanough found that building surveyors and the VBA could not make such demands after an occupancy certificate had been granted.

He said the law did not provide “power to require builders (and even former builders), alone, to rectify alleged defects of whatever kind, in buildings of whatever kind, years or decades after the buildings have been completed and certificates of final inspection or occupancy permits have been issued for them.”

On December 1, the government released an interim report from its cladding taskforce. And, while the number of affected buildings soars, the taskforce is yet to examine where liability lies and, therefore, where the cost is to be borne.